Obama Refuses to Answer Birth Certificate Lawsuit

[PubliusInfinitum]

Friday, October 24, 2008 4:16 PM

By: Kenneth R. Timmerman Article Font Size






A Pennsylvania lawsuit alleging that Barack Obama is not a “natural-born citizen” of the United States took an unusual twist this week, after a federally mandated deadline requiring Obama’s lawyers to produce a “vault” copy of his birth certificate expired with no response from Obama or his lawyers.


The lawsuit, filed by former Pennsylvania Deputy Attorney General Philip J. Berg — a self-avowed supporter of Hillary Clinton — alleges that Barack Obama was born in Kenya and is thus “ineligible” to run for president of the United States. It demands that Obama’s lawyers produce a copy of his original birth certificate to prove that he is a natural-born U.S. citizen.


Berg's suit and allegations have set off a wave of Internet buzz and rumors, though Obama could easily have put the matter to rest by providing the federal court with the basic documentation proving he is eligible to take the oath of a president. But Obama has apparently decided to deny the court and the public that documentation.


The Constitution provides that any U.S. citizen is eligible to become president if the person is 35 years of age or older and is a natural-born citizen; that is, born in the territorial United States.


By failing to respond to the Request for Admissions and Request for the Production of Documents within 30 days, Obama has “admitted” that he was born in Kenya, Berg stated this week in new court filings.


Berg released a long list of “admissions” he submitted to Obama’s lawyers on Sept. 15, and asked that they produce documents relating to Obama’s place of birth and citizenship.


Instead of responding, lawyers for Obama and the DNC asked the court to dismiss the case. But Judge R. Barclay Surrick of the Eastern District of Pennsylvania has issued no ruling in the case that would have given Obama’s lawyers more time.


“There are lots of legal ways to stonewall,” a well-placed Republican attorney told Newsmax, who was not authorized to comment officially on the case. “But failing to respond is not one of them.”


“The first thing they teach you in law school,” he added, “is don’t put a complaint like this in a drawer. That’s how a nuisance case can become a problem.”


The 30-day deadline for defendants to comply with a discovery request is set forth in the Federal Rules of Civil Procedures.

“It all comes down to the fact that there's nothing from the other side,” Berg said after he filed a motion on Thursday for summary judgment.


“The admissions are there. By not filing the answers or objections, the defense has admitted everything. [Obama] admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.”


In a contentious case, lawyers on both sides will haggle over the production of documents, and will frequently go beyond the deadlines, several lawyers told Newsmax.


“The rules are more often complied with in the breech rather than the observance,” a senior trial attorney who has close ties to the Democrat Party, but is not involved in the current case, told Newsmax.


“Lawyers frequently do not return telephone calls or meet discovery deadlines because of sheer inadvertence. Therefore, we do not consider a failure to respond as a ‘violation,’” he said.


Allegations surrounding Obama’s place of birth have been swirling for months. Earlier this year, the Obama campaign sought to put down the rumors by making available a computer-generated Certification of Live Birth, issued in 2007 by the State of Hawaii. [See the Certification of Live Birth — Click Here.]


Respected conservative blogger Ed Morrissey called the Berg lawsuit a “conspiracy theory” that had been put to rest by the Obama campaign over the summer but ”has arisen like a zombie yet again to suck the credibility out of the conservative blogosphere.”


However, the 2007 document produced by the Obama campaign omits key information that normally appears on birth certificates in the United States, including the name of the hospital where he was born, the size and weight of the baby, and sometimes the name of the doctor who delivered him.


In addition, the critics of the 2007 document note that Obama's father is described as “African,” a term used today. The formal language in official documents at the time — 1961 — would have identified his race as “Negro” or “Colored.”


The Web site snarkybytes.com has produced a vault copy of a Hawaii Certificate of Live Birth from 1963, issued by the Hawaii Department of Health. [See the vault copy — Click Here.]


In addition to naming the hospital and more details about the baby, the 1963 vault copy also includes the “usual residence of the mother,” and the “usual occupation” of the father. None of this information appears on the 2007 Live Birth certificate produced by the Obama campaign.


Berg has been a perennial political candidate in Pennsylvania, having run in Democrat primaries for attorney general, lieutenant governor, governor, and other offices without success. He served as deputy attorney general of the State of Pennsylvania from 1972-1980.


His credibility was tarnished by work he did for the far-left “9/11 for the Truth” campaign, which alleged in a federal lawsuit that the collapse of the twin towers in New York was caused by “controlled demolition” ordered by the president of the United States.


Nevertheless, in recent weeks, lawsuits have been filed in seven additional states demanding that Barack Obama produce an original vault copy of his birth certificate, to dispel the rumors that he is not a natural-born United States citizen.


The latest suits have been filed in state and federal courts in Hawaii, Washington, California, Florida, Georgia, New York, and Connecticut to compel Obama to release his birth records.


Lawsuits in Washington and Georgia are seeking state superior courts to force the states’ secretary of state, as the chief state elections officer, to require Obama to produce original birth records from Hawaii, or else decertify him as a candidate for the presidency.




Ironically, Obama mentions his birth certificate in passing on Page 26 of his 1995 memoir, “Dreams of My Father.” “I discovered this article, folded away among my birth certificate and old vaccination forms, when I was in high school,” he wrote.


Lawyers for Obama and the DNC did not return calls for comment on the current status of the case, or explain why the Obama campaign did not simply put to rest the whole controversy by releasing the birth certificate that Obama apparently cherished as a teenager.


In the past, questions about Sen. John McCain's legal status have arisen. McCain was born in the Panama Canal Zone at a U.S. Army hospital. McCain had legal experts vet his constitutional qualifications, and he also disclosed a copy of his birth certificate. http://www.newsmax.com/headlines/ob...2008/10/24/143882.html?s=al&promo_code=6E2D-1

Who was it that sourced some fact check group that assured us all that they had seen, touched and felt this Cert and that they had established that Hussein's Hawain Birth Cert was incontrovertibly real...

Now I said then that I would take their word, as other than their credentials as 'journalists' and Academics, I had no reason to doubt their assessement... but if they were right; how the hell does a lawyer with DOZENS of lawyers at his disposal and with whom he is in constant contact ALLOW such a deadline to pass without just having that document hand delivered and submitted for the court?

I gotta say, if that cert IS real... Hussein is REALLY PLAYING UP THE POTENTIAL THAT IT MIGHT NOT BE... when doing so cannot possibly benefit him; and given that we're told by the smartest people in the word that Hussein is the smartest gal in the world... could he be so foolish as to ignore the US judiciary, even as he runs to become the Chief Executive of the Laws of the United States.

Man it's like 'deja vu all over again'...

 

[DavidS]

Who was it that sourced some fact check group that assured us all that they had seen, touched and felt this Cert and that they had established that Hussein's Hawain Birth Cert was incontrovertibly real...

Now I said then that I would take their word, as other than their credentials as 'journalists' and Academics, I had no reason to doubt their assessement... but if they were right; how the hell does a lawyer with DOZENS of lawyers at his disposal and with whom he is in constant contact ALLOW such a deadline to pass without just having that document hand delivered and submitted for the court?

I gotta say, if that cert IS real... Hussein is REALLY PLAYING UP THE POTENTIAL THAT IT MIGHT NOT BE... when doing so cannot possibly benefit him; and given that we're told by the smartest people in the word that Hussein is the smartest gal in the world... could he be so foolish as to ignore the US judiciary, even as he runs to become the Chief Executive of the Laws of the United States.

Man it's like 'deja vu all over again'...

Why do you keep calling him by his middle name? Are you afraid that if we know that his middle name is a Muslim middle name, we'll be afraid of Obama?

Do you know that there are one billion muslims in the world and that there are less than 100,000 muslim terrorists?

That's .1% of all Muslims in the world. And you want us to be afraid of Obama because his middle name is like the names of these .1% people. Do you have any idea how racist and disgusting that is? You want only White people, go move to Utah. Otherwise, there is no place in this country for racists like you.

 

[CrimsonWhite]

Why do you keep calling him by his middle name? Are you afraid that if we know that his middle name is a Muslim middle name, we'll be afraid of Obama?

Do you know that there are one billion muslims in the world and that there are less than 100,000 muslim terrorists?

That's .1% of all Muslims in the world. And you want us to be afraid of Obama because his middle name is like the names of these .1% people. Do you have any idea how racist and disgusting that is? You want only White people, go move to Utah. Otherwise, there is no place in this country for racists like you.

Deflection.

 

[DavidS]

Deflection.

He already has shown a copy of his birth certificate. This is old, irrelevant news.

 

[CrimsonWhite]

He already has shown a copy of his birth certificate. This is old, irrelevant news.

Link to that info?

 

[DavidS]

Link to that info?

Photo

 

[CrimsonWhite]

Photo

Okay. Guess the suit should be dismissed then.

 

[RetiredGySgt]

Okay. Guess the suit should be dismissed then.

Guess he missed the part where the form of that birth certificate does not match the historical form on record?

 

[CrimsonWhite]

Guess he missed the part where the form of that birth certificate does not match the historical form on record?

Shh. Don't tell him. Let it be a surprise.

 

[editec]

Smells like deperation to me.

 

[CrimsonWhite]

Smells like deperation to me.

Could be, but if the case didn't have merit it would have been dismissed by now.

 

[tymebeta]

Did a little research on Philip Berg and found his credibility to be lacking. He was fine 10,000 for "unethical actions." and believes Bush and Cheney were directly involved in the 9/11 attacks.

According to Berg, even if the birth certificate were real. It doesn't matter (if Obama were to provide it to the court), claiming that Obama's mother lied to get it. He says she was too pregnant to be allowed flight from Kenya to Hawaii. All of this is his words, so far with no evidence to back it up. He's reaching.

Berg claims he has a tape of Obama's paternal grandmother saying she was in the delivery room in Kenya when Obama was born. He says he will be releasing it, but have yet to be release it.

As to why Obama hasn't release the documents to the court, let me speculate. The birth certificate isn't the only component to this lawsuit. Berg makes 3-4 different claims as to why Obama isn't eligible for president. Giving the document won't stop the lawsuit. Secondly, if Berg has this reputation for pushing these type of conspiracy, they should let Berg dig himself a hole. Let him waste his time and money by drawing the lawsuit out. Make an example of him so he won't be able to continue this behavior.

The whole story is skeptical but gaining traction. MSM is poking it with a 10 foot pole, not wanting to be associated with it. A man in Hawaii and one in Washington have both filed similar lawsuits. I believe the Hawaii one has been denied.

 

[Diuretic]

Topic debunked - EVERYWHERE!

 

[xsited1]

Members of the two major parties are above the law. Here's another example:

Bob Barr loses Texas lawsuit to knock McCain, Obama off the ballot

The Texas Supreme Court, without comment, just denied Libertarian presidential candidate’s Bob Barr attempt to keep the names John McCain and Barack Obama off the state’s November ballot.

Mr. Barr, a former GOP congressman from Georgia, had argued in legal briefs that both major parties had busted the state’s Aug. 26 deadline for certifying their presidential candidates as they would appear on the Texas ballot. Neither McCain nor Obama had been officially nominated by their party conventions by the deadline. And Sarah Palin hadn’t even been added to the GOP ticket.
But the Democratic and Republican state parties had filed official documents with the Secretary of State stating their presumed presidential candidates. The Democrats threw in Joe Biden’s name and the Republicans said they would report back with the name of their vice presidential contender, which they did.

Apparently, the Supreme Court felt that was sufficient, especially in light of the catastrophic alientation of voters if neither of the major party candidates could appear on the November ballot.

 

[DavidS]

Guess he missed the part where the form of that birth certificate does not match the historical form on record?

huh?

Are you one of those people that think there's something to the 9/11 conspiracy theories? And also what about aliens? Do you think they've infiltrated our government? Do you think Saddam Hussein was responsible for the Oklahoma City Bombing and that TWA Flight 800 was shot down?

 

[KMAN]

Photo

If this is real, then why is someone in his own party taking this to court.

 

[Dr Grump]

Okay. Guess the suit should be dismissed then.

Are you serious?? Of all the people on this board....

C'mon...take him on the issues...not this red herring......

 

[KMAN]

huh?

Are you one of those people that think there's something to the 9/11 conspiracy theories? And also what about aliens? Do you think they've infiltrated our government? Do you think Saddam Hussein was responsible for the Oklahoma City Bombing and that TWA Flight 800 was shot down?

No David, it's just common sense, something that left the Democratic party years ago... When someone in his own party takes him to court and all he has to do is show his birth certificate to shut this thing up, and he doesn't do it, something is up... Please enlighten us why he won't show his birth certificate t0 the people taking him to court? Thanks.

 

[KMAN]

Are you serious?? Of all the people on this board....

C'mon...take him on the issues...not this red herring......

That's a cop out... If this issue was about Mccain it would be on every media outlet in this country 24 hours a day until he showed it... That's the problem!

CNN even admitted to Sarah Palin there was a double standard...that's bullsh!t.

 

[Dr Grump]

That's a cop out... If this issue was about Mccain it would be on every media outlet in this country 24 hours a day until he showed it... That's the problem!

CNN even admitted to Sarah Palin there was a double standard...that's bullsh!t.

uummmmm..what's BS? He was born in Hawaii.That aside, even if he was born in Timbuktu, his mother was born in Kansas.....

Cop out yourself...ijit...

Take him on the issues or fuck off. If your argument is that weak, you ought to hang your head in shame.......